MyRaido

Terms & Conditions

1Important

Important – Please read these General Terms and Conditions (“Terms”) carefully. By using the Services (as defined below), you agree that you have read, understood, accepted and agreed with these Terms. You further agree that the representations below are true and accurate. If you do not agree to any of the terms and conditions stated herein and wish to discontinue using the Services, please do not continue using the Application (as defined below) and/or the Services.

2Article 1. Definitions

The terms below shall have the respective meanings ascribed to them, unless the context requires otherwise. Words denoting one gender include the other gender and words denoting the singular include the plural and vice versa:
1.1        “Account” means an account duly registered and maintained through the Application or the Website that enables the Applicant to become a Member.
1.2        “Affiliated Company” means any business partner, third party vendor, service provider, parent company or subsidiary of the Company.
1.3        “Applicant” means any person who intends to register for an Account.
1.4        "Application" means the MyRaido mobile application and any other application for mobile devices, which is owned and operated by the Company, and enables the Member to consume the Services.
1.5        “CDL” means a Competent Driver’s License applicable for a driver to operate the Vehicle who has passed at least the probationary stage defined under the applicable Malaysian local laws, or a valid international driving license, or international driving permit.
1.6        “Company” means MYRAIDO SDN. BHD. (Registration No. 202101003718 (1404016-V)).
1.7        “Designated Driver” means, in respect of the Services save and except for MyRaido+, the person who will be operating the Vehicle which includes the Member who has reserved the Vehicle and the additional person who may operate the Vehicle as selected by the Member in each reservation. For the avoidance of doubt, Designated Driver does not include Personal Driver.
1.8        “Designated Location” means the locations designated by the Company from which the Vehicle shall be collected or to which the Vehicle shall be returned, which shall take into account the context in these Terms and the nature of the reservation, and will include any other locations indicated in the Application.
1.9        “Driving Licence” means either a CDL or a PDL.
1.10      “Fees” means the fees payable to the Company by the Member for the use of any Services, including the Rental Fees, Super Collision Damage Waiver, Other Fees and any fees that are stated in any Individual Terms.
1.11      “Force Majeure Event” means any event beyond the control of the Company or the Members, including, without limitation, strikes, work stoppages, accidents, epidemic, pandemic, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, or communications or computer (software and hardware) services.
1.12      “Individual Terms” means any terms, guidelines and policies for any Services offered by the Company as may be published and/or amended by the Company from time to time.
1.13      “Intoxicants” means alcohol, drugs, stimulants, thinners or any other intoxicating substances or substances that will impair the Member’s ability to operate the Vehicle.
1.14      "Member" means a person who has a valid Account, provided accurate personal information to the Company, and who is in compliance with these Terms in order to use the Services. Where applicable, references to Members shall also include a Designated Driver. The term “Membership” shall be construed accordingly and shall include the Member’s Account
1.15      “Other Fees” means the other fees payable to the Company as set out in Appendix I.
1.16      “PDL” means the probationary driving licence applicable for a driver to operate the Vehicle who has passed the prescribed tests of competence defined under the applicable Malaysian local laws.
1.17      “PDPA” means the Personal Data Protection Act 2010 of Malaysia.
1.18      “Personal Data” shall have the meaning ascribed to it under the PDPA.
1.19      “Personal Driver” means the person who is responsible for operating the Vehicle under MyRaido+.
1.20      “Privacy Notice” means the privacy policy of the Company published on the Application and the Website which regulates the collection, use and processing of the Personal Data by the Company.
1.21      “Prohibited Area” means an area which motor vehicles are prohibited from parking in or an area where risk of damage or theft of a motor vehicles is reasonably high.
1.22      “Rental Fees” means the fees for renting a Vehicle.
1.23      “Rental Period” means the period of time when a Vehicle is rented for.
1.24      “Services” means any or all services offered by the Company or by an Affiliated Company through the Company, including but not limited to car-sharing, car delivery and personal driver services, which are available through the Website and/or the Application.
1.25      “MyRaido2U” means an optional service provided by the Company to the Member whereby the Company will via third party delivery agents known as ‘Dashers’, deliver/pick up the Vehicle to/from any location set by the Member when making a reservation if the Member opts for this service.
1.26      “MyRaido+” means an optional service provided by the Company to the Member whereby a personal driver (independent third party agents) will be provided for operating the Vehicle if the Member opts for this service.
1.27      “Super Collision Damage Waiver” or “SCDW” means the waiver to pay for any damage to the Vehicle and any other associated cost which is not caused by the Member’s act or omission, subject to terms herein, the Member shall only be liable to make payment for the excess amount as stipulated in Appendix II provided that the Member has opted and paid for the SCDW.
1.28      These “Terms” means these General Terms and Conditions.
1.29      “Terms of Use” means the Website and Application Terms of Use published on the Application and the Website which sets out the terms and conditions for anyone who uses the Application and/or the Website.
1.30      “Vehicle” means a motor vehicle reserved by the Member and rented by the Company to the Member.
1.31      "Website" means the site of "https://www.myraido.com" operated by the Company through which the Member may, among others, retrieve information about their Account and purchase the Services.

3Article 2. Purpose

2.1        These Terms constitute a legally binding agreement between the Member and the Company.
2.2        The purpose of these Terms is to set out the rights, obligations and other necessary matters between the Member and the Company, and the procedures for the use of the Services, the Application and the Website.
2.3        The Company publishes these Terms on the Application and the Website so that it is accessible by the Members. The matters that are not specified in these Terms shall be governed by any guidelines and/or Individual Terms published by the Company on the Application and/or the Website from time to time, according to reasonable industry practices and standards, and subject to Malaysian laws and regulations.
2.4        The Terms of Use, the Individual Terms and the Privacy Notice, which are available on the Application and/or the Website, shall form part of these Terms.

4Article 3. Amendment to These Terms

3.1        Any amendments, additions, revisions, replacements, modifications, and removal of these Terms will be published from time to time on the Website and/or the Application. The Member shall check the Website and/or the Application from time to time to ensure that the Member is aware of the latest Terms. The latest Terms will replace any older versions of the Terms and shall take effect as soon as the latest Terms are published on the Website and/or the Application.
3.2        The Company, in its sole discretion but not under any obligation, may notify the Member with regard to any amendments of these Terms via the e-mail address provided by the Member during Account registration, if such amendments are deemed to be significant by the Company.
3.3        Continued use of the Account or the Services by the Member, or the non-termination of the Account for 30 days after the date such amendments take effect shall be deemed as an acceptance by the Member of the amended Terms.
3.4        For the avoidance of doubt, the Company shall not be responsible for ensuring that the Member is aware of any amendments to these Terms.
3.5        Should the Member disagree with any amendments to these Terms, the Member shall not continue using the Account and the Services, and shall notify the Company to terminate the Member’s Account immediately.

5Article 4. Membership

4.1        Creation of Account
4.1.1    To use the Services, the Applicant shall first become a Member by registering for a valid and active Account either on the Application downloaded via iOS, Android, or any other mobile operating system, or the Website.
4.1.2    When registering for an Account, the Applicant will be asked to provide information that may include the Applicant’s Personal Data (Please refer to the Privacy Notice and Article 8 below for the provisions regarding the collection, use and processing of the Applicant’s Personal Data). In addition to the purposes stated in the Privacy Notice, the Applicant’s Personal Data will also be used for the purposes of conducting background checks on the Applicant and if necessary, the Applicant’s Personal Data will be disclosed to third parties in order to carry out the background checks, all of which the Applicant hereby grants his consent.
4.1.3    All information provided by the Applicant to the Company during this on-boarding process are regarded as representations by the Applicant, and shall be truthful and accurate.
4.1.4    By registering for an Account, the Applicant represents and warrants that:
4.1.4.1          The Applicant has read and understood these Terms;
4.1.4.2          The Applicant has agreed to adhere to these Terms, which constitutes the Applicant’s agreement to be bound by these Terms that establishes a contractual relationship between the Applicant and the Company;
4.1.4.3          The Applicant is legally capable of entering into a binding agreement with the Company;
4.1.4.4          The Applicant is not in breach of any applicable laws or third-party rights by entering into a contractual relationship with the Company;
4.1.4.5          The Applicant is duly authorised to enter into a legal, contractual relationship with the Company (if applicable);
4.1.4.6          The Applicant is at least 19 years of age (except for application to be a Member of MyRaido+ only);
4.1.4.7          The Applicant has a valid Driving Licence (except for application to be a Member of MyRaido+ only); and
4.1.4.8          The Applicant has read the Privacy Notice and has provided his express consent for the Company to use the Applicant’s Personal Data in accordance with the Privacy Notice.
4.1.5    The Member shall immediately report to the Company if there is any change to any of the representations and warranties contained in these Terms.
4.1.6    The Company reserves the right to decline the Applicant’s application in any of the circumstances below:
4.1.6.1          If the Applicant is a former Member, and the Membership of the Applicant was terminated or suspended for any reasons whatsoever, and the Member has not obtained the written approval from the Company for the Applicant’s Membership to be reinstated;
4.1.6.2          If the Applicant is unable to provide a genuine photo identification upon request, or the Company is of the opinion that the Applicant is using a false identification;
4.1.6.3          If the Company is unable to verify the identity of the Applicant, and the Applicant fails to respond to any requests for verification by the Company;
4.1.6.4          If the Applicant has provided false information;
4.1.6.5          If the Applicant is under the age of 19 (except for application to be a Member of MyRaido+ only);
4.1.6.6          If the Applicant does not have a valid Driving Licence (except for application to be a Member of MyRaido+ only);
4.1.6.7          If the Applicant is in breach of any of the provisions under these Terms;
4.1.6.8          If the Applicant has been denied coverage by any motor vehicle insurances; and/or
4.1.6.9          If the Company in its own judgment believes that the Applicant should not be a Member for any reason whatsoever.
Notwithstanding the above, the Company is not under any obligation to provide any reason for declining an application.
4.1.7    If, in the sole discretion of the Company, it is deemed that the Applicant lacks the ability to pay the Fees or if the Company is concerned that making available the Services to the Applicant may be detrimental to the Applicant or the Company, the Company may request for any other additional personal or credit information from the Applicant.
4.1.8    The Applicant will become a Member when the Account application process is approved and completed, upon which the contractual relationship between the Member and the Company commences.
4.1.9    The Member is responsible for keeping his username, password and login details secure, and for preventing unauthorized access to his Account. The Member will be solely responsible for all the use of the Account, and any acts or omissions arising from his Account, whether or not such acts or omissions are authorized by the Member.
4.1.10  If the Member becomes aware of any unauthorized use of his Account and/or any theft of his username and/or password by a third party, the Member shall immediately notify the Company and follow the instructions of the Company.
4.1.11  The Company shall not be liable for any damages suffered by the Member as a result of the Member’s violation of these Terms.
4.2        Withdrawal of Membership
4.2.1    The Member may request to withdraw his Membership or terminate his Account at any time by providing a notice to the Company either by email, via the in-app messaging function in the Application, or any method provided for on the Website, and the Company shall immediately terminate the Membership upon payment of any Fees due to the Company.
4.2.2    Voluntary termination of Membership will subject the Member to a 3-month restriction period from re-application of a new Membership, unless written approval of the Company to waive the restriction period is obtained by the Member.
4.2.6    Credits for free usage of Vehicles may be granted on a promotional basis by the Company upon registration of an Account. Such credits will not have any monetary value nor be refunded to the Member or transferred to another Member upon termination. The Member will not be granted any free credits upon re-application for new Membership.
4.3        Access to the Account by the Company
The Member acknowledges, consents and agrees that the Company may access, preserve and/or disclose any information contained in the Account if it is necessary to:
4.3.1    comply with any laws and regulations;
4.3.2    comply with any legal processes;
4.3.3    enforce these Terms;
4.3.4    respond to any claims brought by any person;
4.3.5    respond to the Member’s requests; and/or
4.3.6    protect the rights, property and personal safety of the Company, the Member, other Members and/or the public.
4.4        Notice to Members
4.4.1    Unless otherwise stipulated under these Terms, any notices by the Company shall be given to the Member via:
4.4.1.1          e-mail;
4.4.1.2          written correspondence to the address provided by the Member;
4.4.1.3          in-app messaging function in the Application;
4.4.1.4          publishing on the Website; and/or
4.4.1.5          text message to the Member’s registered telephone number.
4.5        Member’s Obligations
4.5.1    The Member shall not:
4.5.1.1          do anything to breach, circumvent or contravene these Terms;
4.5.1.2          commit or encourage any criminal offence;
4.5.1.3          commit or encourage any fraudulent act;
4.5.1.4          corrupt, exploit, mine, or steal information from the Website and/or the Application;
4.5.1.5          conduct any unauthorized modification, alteration, or deletion of the Services;
4.5.1.6          send or post any irrelevant, illegal, or otherwise objectionable content or information (such as computer programs and advertisements) on the Website or through the Application;
4.5.1.7          infringe the intellectual property rights of the Company and/or the Affiliated Companies; and
4.5.1.8          carry out any acts that may damage the reputation and goodwill of the Company and/or the Affiliated Companies.
4.5.2    The Member shall at all times comply with related laws and regulations, the provisions of these Terms, the Individual Terms and the Terms of Use, and any independent terms and usage policies of the Affiliated Companies.

6Article 5. Limitation of Liability

5.1        If the Company cannot provide the Services due to an occurrence of a Force Majeure Event, the Company shall be exempted from any obligations under these Terms.
5.2        The Company shall not be liable for any disruption in the use of the Services caused by any act or omission of the Member. The Member shall ensure that he has a compatible device and he downloads the correct software for his device.
5.3        The Services are provided by the Company on an “as is” and “as available” basis without any guarantees, conditions or warranties. Unless expressly stated to the contrary and to the fullest extent permitted by law, the Company expressly excludes all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and the Company shall not be liable for any damages whatsoever, including, but without limitation, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for personal injury, loss of life, use, profits, data or other intangibles, damages to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of, or related to the use, inability to use, performance or failures of the services, and any materials, information, data, and facts posted by the Member or other members thereon, irrespective of whether such damages were foreseeable or not.
5.4        Without prejudice to Article 5.3, the Company’s liability (if any) shall be capped at the total Fees paid by the Member to the Company in the preceding 30 days of the date of the damage suffered.
5.5        The Company shall not be liable for any transactions or dealings between the Member and any third party obtained through the Services.

7Article 6. Payment and Fees

6.1        Payment Policy
6.1.1    The Member shall make payment for the Fees by electronic payment (credit/debit card or e-wallet from a reputable financial institution) or by other methods deemed acceptable by the Company in accordance with the following procedures:
6.1.1.1          The Member must register a payment card and/or e-wallet during the Account registration process or update the Account with valid details.
6.1.1.2          If the Member does not cancel a reservation within the time period stated in Appendix I below, the Member will be charged for the amount stipulated therein
6.1.1.3          The Fees for any extension of the Rental Period will be automatically charged to the registered payment card or e-wallet.
6.1.1.4          The Company may take any additional actions as it deems necessary to ensure any Fees due to the Company by the Member is recovered and such incidental costs shall be borne by the Member.
6.1.2    By providing the details of his payment card and/or e-wallet, the Member authorises the Company to charge the Fees onto his payment card and/or e-wallet. If the Member is registering a payment card which does not belong to the Member but belongs to other person, the Member hereby represents and warrants that he has obtained the consent and authorisation for the use and registration of the payment card from the payment card holder and the Company is entitled to rely on such representation and warranty and charge the Fees onto the payment card. The Member shall indemnify the Company for any loss and damage that be suffered by the Company resulting from the Member’s use of a payment card does not belong to the Member and the Company shall not be held responsible for any loss and damage that may be suffered by the payment card holder.
6.1.3    The Company reserves the right to suspend or terminate the Membership if the Member fails to make payment for any unpaid Fees. Services to the Member shall be suspended until all unpaid Fees have been recovered by the Company.
6.1.4    If the Member fails to comply with these Terms, the Company shall have the right to terminate the Membership, upon which any unpaid Fees shall become due and payable with immediate effect.
6.2        Damage to Vehicle and Loss of Use
6.2.1    To the extent that such liability is not covered under the SCDW stated in these Terms, the Member shall indemnify and compensate the Company for any loss of revenue or loss of use of the Vehicle damaged by the Member, in addition to any damages to the Vehicle caused by any act or omission of the Member. The damages payable to the Company for damage to the Vehicle shall be the actual amount required to repair the damage to the Vehicle. Any damage to the returned Vehicle shall be presumed to be caused by the Member unless the Company has been alerted of such damage before acceptance of the Vehicle by the Member at the start of the Rental Period by way of uploading photos of the damage onto the Application before accepting the Vehicle. Any loss of revenue or loss of use of the Vehicle damaged by the Member shall be calculated by using the formula stated in Appendix I (Other Fees).
6.2.2    The Member shall indemnify and compensate the Company for any fines and legal fees incurred in relation to any violation of any laws or regulations by the Member.
6.2.3    Subject to the terms and conditions of SCDW as stated in these Terms, if a damage is caused to the Vehicle and the Member is enrolled in the Super Collision Damage Waiver which is included in the Fees charged by the Company, the Member shall only be liable for the excess amount as set out in the terms and conditions of SCDW.
6.3        Payment
6.3.1    The Member agrees to the Fees and the payment and billing policies applicable to the Member’s use of the Services as stated in these Terms.
6.3.2    The Rental Fees will be automatically charged to the Member’s registered payment card or e-wallet before the start of the Rental Period.
6.3.3    The Member acknowledges and agrees that the Company has the right to charge Other Fees (as listed in Appendix I), or any other payments that are due and payable to the Company, as and when they become due and/or ascertainable, to the registered payment card or e-wallet of the Member. The registered payment card or e-wallet will be charged:
6.3.3.1          after the Vehicle has been returned to the Company;
6.3.3.2          upon the expiry of the Rental Period or the extended Rental Period, as the case may be;
6.3.3.3          upon the failure of the Member to return the Vehicle; or
6.3.3.4          as and when it becomes due to the Company.
6.3.4    The Company reserves the right to impose a nominal and refundable pre-authorization or validation charges on the Member’s registered payment card or e-wallet.
6.3.5    If the Company is unable to charge the registered payment card or e-wallet of a Member, the Company will attempt to charge the registered payment card or e-wallet for 7 days consecutively. If the charges to the registered payment card or e-wallet is not successful after 7 days, the Company shall inform the member via SMS to the registered mobile number of the Member, upon which the Member shall make payment via an alternative payment card within 3 days. Failing to make payment will entitle the Company to suspend the Services to the Member or to terminate the Membership of the Member.
6.3.6    For any dispute of payments made, the Member shall notify the Company in writing within 30 days from the date of such payment being charged; failure to do so shall result in the waiver by the Member of any claim relating to any such disputed payment. Payment shall be calculated solely based on records, measurements or statistics maintained by the Company.
6.4        Taxes
6.4.1    The Member agrees that all Fees shall be subject to all prevailing statutory taxes, duties, charges and/or costs in connection with the Member’s use of the Services, however denominated, as may be in force and regarding any future taxes that may be introduced at any point of time.
6.4.2    The Member further agrees to use his best efforts to do everything that is necessary and required by the relevant laws to enable, assist, defend or indemnify the Company in claiming or verifying any input tax credit, set off, rebate or refund in respect of any taxes paid or payable for the Services supplied under these Terms.

8Article 7. Suspension or Termination

7.1        Suspension or Termination of Account or Services
7.1.1    The Company may without prior notice to the Member suspend or terminate the Account of the Member or provision of the Services to the Member upon occurrence of any of the events listed below:
7.1.1.1          The Member breaches any of these Terms, and if such breach is capable of remedy, the Member fails to remedy the breach within the time stipulated after receiving notice from the Company;
7.1.1.2          When any of the Member's information is found to be false or incorrect;
7.1.1.3          When the Member does not pay the applicable Fees in a timely manner, or the charges to the registered payment card or e-wallet cannot be completed;
7.1.1.4          When the Member’s Driving Licence is or becomes suspended or invalid during the Rental Period (not applicable for Members using MYRAIDO+);
7.1.1.5          When the Member causes a traffic accident;
7.1.1.6          When the Member operates the Vehicle while under the influence of intoxicants (not applicable for Members using MYRAIDO+);
7.1.1.7          When the Member operates or uses the Vehicle in a manner which will cause damage to the Vehicle;
7.1.1.8          When a person other than the Designated Driver operates the Vehicle (not applicable for Members using MYRAIDO+);
7.1.1.9          When the Member breaches these Terms or any laws or regulations;
7.1.1.10        When the Member does anything which damages the goodwill or reputation of the Company;
7.1.1.11        When the Member fails to fulfil any obligation or duty under these Terms on the relevant due date;
7.1.1.12        When the Member interferes with other Members’ use of the Services;
7.1.1.13        When the Member threatens, annoys, abuses, or harasses other Members;
7.1.1.14        When the Member misuses any information obtained through the Services;
7.1.1.15        The Member has a history of causing damage to the Vehicle;
7.1.1.16        When the Member uses the Services, the Account and/or the Vehicle for any unlawful purpose;
7.1.1.17        When the Member misuses, abuses and/or manipulates his Account for fraudulent purposes which includes but not limited to misuse and/or abuse of promotions/coupons/discounts provided by the Company;
7.1.1.18        When the Member abandons the Vehicle after an accident or Vehicle breakdown prior to the arrival of the Company’s rescue team;
7.1.1.19        When the Member has prior criminal record(s) pursuant to a background check done by the Company;
7.1.1.20        When the Member tampers with, modifies, dismantles and/or uninstalls any devices and/or items installed/placed in/on the Vehicle by the Company; and/or
7.1.1.21        The Member does any act which the Company is of the view that suspension or termination of the Account and/or the Services is fit and necessary.
Notwithstanding the above, the Company is not under any obligation to provide any reason for Suspension or Termination of Account or Services.
7.1.2    If the Account or the Services is suspended or terminated pursuant to this Article, the Company will not refund any Fees paid by the Member.
7.1.3    Upon termination of the Account or the Services under this Article, the Member shall return the Vehicle immediately.
7.1.4    Notwithstanding the suspension or Termination of the Account or the Services pursuant to Article 7.1.1 above, the Member’s obligations under these Terms shall survive the suspension or termination of the Account or the Services.
7.1.5    The Member may file an appeal in accordance with the procedures established by the Company against any termination or suspension of the Account.
7.1.6    Membership may be suspended or terminated at the discretion of the Company on the date of death or incapacitation of the Member, if brought to the Company’s attention.
7.2        Cancellation of Reservation due to Defects
7.2.1    If the Vehicle cannot be used due to substantial pre-existing defects that would render the operation of the Vehicle unsafe, the Member may cancel the reservation.
7.2.2    If a reservation is cancelled pursuant to this Article, the Company shall refund any Fees paid by the Member in full upon the Company verifying the existence of such pre-existing defects in the Vehicle.
7.3        Cancellation and Waiver of Liability in a Force Majeure Event
7.3.1    If the Member is unable to use the Vehicle due to the occurrence of a Force Majeure Event, the reservation may be cancelled upon notice by the Member.
7.3.2    If the reservation is cancelled within the time period stated in Article 6.1.1.2, the Company will refund any Fees paid by the Member.
7.3.3    If the reservation is cancelled during the Rental Period or is not cancelled within the time period stated in Article 6.1.1.2, the Company will not refund any Fees paid by the Member.
7.3.4    If the Member is unable to return the Vehicle at the agreed time or if the Vehicle is damaged due to the occurrence of a Force Majeure Event, the Company may waive any liability of the Member, subject to the Member promptly contacting the Company and cooperating with the Company’s directions and requests.
7.3.5    The Company shall not be liable to the Member if the Company is unable to make a Vehicle available due to the occurrence of a Force Majeure Event.
7.4        Change and suspension of Company's Services
7.4.1    The Company may change the Services in cases where it is deemed that the provision of the Services at its current form is no longer commercially viable or a change in the regulatory regime has rendered offering the Services illegal. The Company will use reasonable efforts to notify the Member via email or through the Application 30 days before the date when the changes are put into effect.
7.4.2    The Company may suspend some or all of the Services if any of the following cases occurs:
7.4.2.1          In cases where there is a possibility of occurrence of a Force Majeure Event;
7.4.2.2          If telecommunication services are disrupted;
7.4.2.3          If the Company is undergoing repair, inspection, routine maintenance, replacement, or facing disruptions in the information and communication equipment of the Company;
7.4.2.4          If the Services are provided through an Affiliated Company, the Services being changed or suspended by the Affiliated Company; or
7.4.2.5          Any other reasons that impair the ability of the Company to provide the Services.
7.4.3    The Company reserves the right to change, replace, or to suspend the provision of any of the Services.
7.4.4    The Company shall not be liable to the Member for any disruptions in the provision of the Services.

9Article 8. Prohibition of Use of Vehicle

8.1        The Company shall have the discretion to report or notify the competent authorities if the Vehicle is used for, or the Company has reason to believe that the Vehicle is used for, prohibited purposes other than the permitted use.
8.2        Vehicles shall not be used for the purposes below:
8.2.1    for any illegal or unlawful purposes;
8.2.2    for any morally-objectionable purposes;
8.2.3    in contravention with these Terms;
8.2.4    in a manner which will cause damage to the Vehicle;
8.2.5    to be driven to a place outside of Malaysia;
8.2.6    for any commercial, non-personal purposes, including for use to provide ride-hailing and ride-sharing services, unless the prior approval of the Company is obtained; and
8.2.7    for any other purpose of which the Company is of the view that it may cause damage or harm to the Company and/or the public.
8.3        Furthermore, the Member shall:
8.3.1    Not smoke or use electronic cigarettes in the Vehicle;
8.3.2    Not transport pets except with a carrier (not applicable for service animals);
8.3.3    Not forge or cover the license plate of the Vehicle;
8.3.4    Not do any acts that will infringe or jeopardize the Company’s ownership of the Vehicle, including, without limitation, renting out the Vehicle, using the Vehicle as collateral, or selling the Vehicle;
8.3.5    Not use the Vehicle to tow any other vehicles or heavy objects;
8.3.6    Not keep any drugs or illegal objects in the Vehicle; and
8.3.7    Ensure that total number of persons in the Vehicle will not exceed the maximum seating capacity of the Vehicle.
8.4        The Company reserves the right to refuse the Services to any Member who contravenes this Article.

10Article 9. Substitution of Vehicle

9.1        If the Company is unable to rent a Vehicle reserved by the Member, the Company shall strive to make available to the Member a Vehicle of a substantially similar make and model (“Substitute Vehicle”). 9.2        If the rental rate of the Substitute Vehicle is higher than the rental rate of the Vehicle reserved by the Member, the rental rate of the reserved Vehicle will be applicable for the reservation. 9.3        In the above circumstances, the Member may decline to rent the Substitute Vehicle, in which case the Company will return or refund the full amount of the Fees to the Member.

11Article 10. Privacy Protection

10.1        Right to Record and Track Location
10.1.1    The Company reserves the right to record in video format, the operation and/or use of the Vehicle by the Member through a camera attached to the interior of the Vehicle. The Company shall own all content on such video recordings and may review the video recording for the primary purpose of identifying the cause of any accident in the event of any disputes.
10.1.2    The Company reserves the right to track the location of the Vehicle and monitor the use of the Vehicle via a location tracker, the Application or a video camera installed in the Vehicle.
10.1.3    The Member hereby agrees and consents to the Company using any means to record the use and operation of the Vehicle and tracking the location of the Vehicle including but not limited to using a video recording installed in the Vehicle and accessing to the navigation systems used by the Member through the Application.
10.1.4    The Member shall not or attempt to tamper with, modify, dismantle and/or uninstall any devices installed in/on the Vehicle by the Company for the purposes stated in this Article failing which the Company may suspend or terminate the Account and claim any losses and damages from the Member for tampering, modifying, dismantling and/or uninstalling such devices.
10.2        Use and Provision of Personal Information
10.2.1    The Company shall use personal information only in compliance with the PDPA, as set out in the Privacy Notice.
10.2.2    The Company shall have a security system to protect and secure information provided by the Member (including Personal Data and credit information), according to the Privacy Notice.
10.3        Consignment of Personal Information
The Company may entrust some or all its businesses to third parties in accordance with the Privacy Notice only with the consent of the Member, if necessary, to deal with the handling and management of collected personal information, as set out in the Privacy Notice.

12Article 11. Indemnification

The Member shall indemnify, defend, and hold the Company, its Affiliated Companies and their directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against any third-party claims, losses, liability, fines, penalties, damages, legal fees and/or costs arising from:
11.1        the Member’s use of the Services;
11.2        the Member’s dealings with other Members or with third parties including but not limited to the provision of any e-hailing or ride-sharing services by the Member using the Vehicle;
11.3        the Member’s breach of applicable laws and regulations of Malaysia or any other country;
11.4        the Member’s breach of third-party rights including any right of privacy, publicity rights or intellectual property rights;
11.5        the Member’s breach of any of these Terms;
10.6        the Company’s reasonable actions taken to repossess the Vehicle; and
10.7        any other party’s access and use of the Services with the Member’s unique username, password, or other appropriate security code.

13Article 12. Anti-Bribery and Anti-Corruption

Each party agrees, on behalf of itself, its officers, directors and employees and on behalf of its affiliates, agents, representatives, consultants and subcontractors hired in connection with the subject matter of these Terms (together with such party, the “Party Representatives”) that for the performance of its obligations under these Terms, the Party Representatives shall not directly or indirectly pay, offer or promise to pay, or authorize the payment of any money, or give, offer or promise to give, or authorize the giving of anything else of value, to:
12.1        any government official in order to influence official action;
12.2        any person (whether or not a government official) (i) to influence such person to act in breach of a duty of good faith, impartiality or trust (“acting improperly”), (ii) to reward such person for acting improperly, or (iii) where such person would be acting improperly by receiving the money or other thing of value; or
12.3        any person to reward that person for acting improperly or to induce that person to act improperly.
The Party Representatives shall not, directly or indirectly, solicit, receive or agree to accept any payment of money or anything else of value in violation of any laws and regulations relating to anti-corruption.

14Article 13. Miscellaneous

13.1        Responsibilities of an Affiliated Company
13.1.1    The Company and its Affiliated Companies are separate entities and operate independently from each other.
13.1.2    The Company shall not be responsible for any dealings between the Member and the Affiliated Companies.
13.2        Intellectual Property
13.2.1 The Company is the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on or of the Services (including all source code, information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information made available on the Website and the Application and through the Services.
13.2.2    The Company grants the Member, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Services for the Member’s own personal and non-commercial use. This license is revocable at any time without notice to the Member and liability to the Company. All rights not expressly granted to the Member are reserved by the Company.
13.2.3    The Member shall not copy, transmit, publish, distribute, broadcast or reveal any intellectual property to any third parties without the prior written consent of the Company.
13.2.4    Use by the Member of the content or materials owned by the Company or made available on the Website and the Application and through the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
13.3        Management of Social Media Posts
13.3.1    In addition to the Website, from time to time the Company may post messages, special deals, pictures, news, stories, or other information on social media platforms which the Company maintains an account, such as Facebook®, Twitter®, Instagram® and LinkedIn® (“Social Media Platforms”). The Company is not responsible for the privacy or security policies or practices of the Social Media Platforms and any of the third party websites that the Website and/or the Social Media Platforms may link to. The Member should review the privacy and security practices of all such Social Media Platforms and third party websites.
13.3.2    The Member hereby acknowledges and agrees that if he tags the Company in any posts posted by him on any social media platforms managed by himself, such as pictures, information, opinions, complaints, or any personal information (“Material”), such posts will become public. This means that anyone can see the Material. By tagging the Company on these social media platforms, the Member automatically and irrevocably grant and assign to the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the Material, including the Member’s consent to allow the Company to reproduce, publish and/or share the Material.
13.3.3    The Member shall be solely responsible for the Material and consequences of submitting and publishing the Material.
13.3.4    The Member agrees not to submit Material that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, dangerous, threatening, misleading, contain nudity or sexual content, contain Personal Data, or posts that be construed as constituting harassment and cyber bullying or that could endanger a person, or posts that the Company, in its sole and absolute discretion, is deemed not suitable for publishing on the Social Media Platforms.
13.3.5    The Company reserves the right to remove, delete, and/or hide any Material submitted by the Member on the Social Media Platforms in the Company’s sole discretion.
13.4        Governing Law and Agreed Jurisdiction
13.4.1    These Terms shall be governed by the laws of Malaysia.
13.4.2    The Member and the Company agree to submit to the exclusive jurisdiction of the Malaysian courts.
13.4.3    rior to commencing any legal action, the Member and the Company shall first attempt to settle a dispute expeditiously and in good faith.
13.5        Entire Agreement
These Terms shall constitute the entire agreement of the Company and the Member and supersede all preceding and contemporaneous agreements between the Company and the Members. Any waiver of any provisions of these Terms will be effective only if it is in writing and signed by both the Company and the Members.
13.6        No Transfer
The Member shall not transfer any of its rights or obligations under these Terms to any other parties without the consent of the Company.
13.7        No Waiver
No failure to exercise or any delay in exercising any right or remedy by the Company under these Terms shall operate as a waiver thereof.
13.8        Severability
If any provisions of these Terms shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired.
13.9        Lost and Found
13.9.1    The Company operates a lost-and-found storage within the Company and takes all necessary steps to keep any found items in a returned Vehicle for a period of not exceeding 7 days. Perishable food items will be discarded immediately. Upon the expiry of the 7 days, the Company may dispose of the items in any manner the Company deems fit.
13.9.2    If the Member is unable to find a lost item in the Company’s lost-and-found storage, it is recommended that the Member lodges a police report, and under no circumstances will the Company be liable to the Member for any lost or damaged items.
13.9.3    For the avoidance of doubt, the Company shall not be responsible for any loss of or damage to the Member’s personal items while using the Vehicle.

1Introduction

MYRAIDO SDN, BHD. (Registration No. 202101003718 (1404016-V)) (hereinafter referred to as the “Company”) registered in Malaysia and owns and operates the Website and the Application, http://www.myraido.com. For the purposes of these Terms of Use, "We", "Our" and "Us" refers to the Company. Please review these Terms of Use carefully before using the Website and the Application. Your use of the Website and the Application indicates your agreement to be bound by the terms and conditions stated herein.

2Definitions

Unless otherwise stated, the capitalized words in these Terms of Use shall have the same meaning as stated in the General Terms and Conditions.

3Acceptable Use

You shall use the Website and the Application in accordance with these Terms of Use and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within Malaysia or other jurisdiction from which you are accessing the Website and/or the Application.
You shall not use the Website and the Application:
(i)            to commit or encourage a criminal offence;
(ii)           to transmit or distribute a virus, trojan, worm, logic bomb, keystroke logger, spyware, or any other material which is malicious, technologically harmful, in breach of confidence, in breach of personal data protection laws in any jurisdiction, or in any way offensive or obscene;
(iii)          in any manner that could damage, disable, overburden or impair any of our servers, the networks connected to our servers, or interfere with any other party’s access and use of the Website and/or the Application;
(iv)           to attempt to gain unauthorized access to the Website and/or the Application, other Member’s Accounts, computer systems or networks connected to our server, or information not intentionally made available on or through the Website and/or the Application, through hacking, password mining or any other means;
(v)            to interfere with the proper operational integrity of the Website and/or the Application or any other activities conducted on the Website and/or the Application;
(vi)           to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website and/or the Application;
(vii)          to license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any unauthorized third party the Website and/or the Application in any way;
(viii)         to link to, mirror, or frame any portion of the Website and/or the Application;
(ix)           to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website and/or Application;
(x)            to corrupt, mine or steal any data from the Website, the Application, or the other Members;
(xi)           to cause annoyance to other Members;
(xii)          to infringe upon the rights of any other person’s proprietary rights;
(xiii)         to send any unsolicited advertising or promotional material, i.e. spam;
(xiv)         to send and/or transmit any information or material which, in our opinion, is morally objectionable; and
(xv)          to upload or circulate content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
Any of the breaches above are grounds for immediate termination of the Account.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the Website and/or the Application.

4Updates

We may make updates, improvements or changes to the information, services, products and other materials on the Website and/or the Application, or terminate the Website and/or the Application, at any time without notice. We may also modify these Terms of Use at any time, and such modification shall be effective immediately upon posting of the modified Terms of Use on the Website and the Application. Accordingly, your continued access or use of the Website and/or the Application is deemed to be your acceptance of the modified Terms of Use.

5Links to other Websites

The Website and the Application may include links to other internet sites and iOS and Android Application. We do not endorse any such links and we are not responsible for the information, material, products or services contained on or accessible through those links. Your access and use of such links remains solely at your own risk. In providing links to other sites, We are in no way acting as a publisher or disseminator of the material contained on those sites and do not seek to monitor or control such sites.

6Intellectual Property Rights

All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Website and the Application belong to Us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by Us and/or our suppliers, as the case may be.
Nothing contained on the Website and the Application should be construed as granting by implication, estoppel or otherwise, any licence or right to use any trade mark displayed on the Website and/or the Application without Our written permission. Misuse of any trade mark or any other content displayed on the Website and/or the Application is prohibited.
We will not hesitate to take any legal action against any unauthorised usage of trade marks, names or symbols to preserve and protect Our rights in the matter. All rights not expressly granted herein are reserved. Other products and company names mentioned herein may also be the trade marks of their respective owners.

7Disclaimer and Exclusion of Liability

The Website and the Application, the information on the Website and the Application and use of all related facilities are provided on an “as is” basis without any warranties whether express or implied. We do not warrant that the Website and the Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or evasive or damaging code or that the Website and the Application will not be affected by any Force Majeure Events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunication equipment or facilities or failure of information technology or telecommunication equipment or facilities.
While We may use reasonable efforts to include accurate and up-to-date information on the Website and the Application, We make no warranties or representations as to its accuracy, timeliness or completeness. IN NO EVENT SHALL THE COMPANY NOR ITS OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWSOEVER CAUSED RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE WEBSITE AND/OR THE APPLICATION, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY AND ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATION SERVICE PROVIDERS, LINKS TO THIRD PARTY WEBSITES, PERSONAL INJURY, THIRD PARTY CONTENT, PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, THE USE OR INABILITY TO USE THE WEBSITE AND/OR THE APPLICATION OR THE CONTENT, ANY OTHER WEBSITE ACCESSED TO OR FROM THE WEBSITE AND/OR THE APPLICATION, OR EVENTS BEYOND OUR REASONABLE CONTROL EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
To the fullest extent permitted by applicable law, We disclaim all representations and warranties relating to the Website and the Application and its contents, including in relation to any inaccuracies or omissions in the Website and the Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
Notwithstanding Our efforts to ensure that the Website and the Application are secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Website and the Application, or electronic mail transmitted to and from Us, will not be monitored or read by others.
Although We use reasonable endeavours to ensure that any software made available on the Website and the Application is suitable for downloading, installation and use by you, all such software is provided “as is” without any warranty. Specifically, and without limitation, We do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
While you are able to purchase any goods and services through the Website and/or the Application, We do not represent or warrant the merchantability, quality, reliability, safety, fitness for a particular purpose, accuracy, availability of the goods and services which are supplied by third party through the use of the Website and/or the Application. YOU ACKNOWLEDGE AND AGREE THAT IN PURCHASING OR ACQUIRING ANY GOODS OR SERVICES THROUGH THE WEBSITE AND/OR THE APPLICATION THAT YOU WILL BE EXERCISING YOU OWN JUDGMENT AND DISCRETION AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE GOODS AND SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU. YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY FOR ANY LOSS OR INJURY SUFFERED BY YOU AND THE COMPANY OR ITS OFFICERS, DIRECTORS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER CAUSED, RESULTING FROM THE USE OF THE SERVICES.

8Indemnity

You agree to indemnify, defend and hold harmless the Company, its officers, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal costs) sustained, incurred or paid by the Company directly or indirectly in respect of any of contents provided by you on or through the Website and/or the Application or which is sent to the Company by electronic mail or your use or misuse of the Website and/or the Application or its contents, including infringement claims.

1Rental Fees (for Car Rental, Tow Operator and Driver)

The rates quoted is in Ringgit Malaysia (RM) and is subject to change without prior notice. The Rental Rates are for a minimum of 24 hours rental. All fees are inclusive of taxes, shipping and handling cost.

2Deposit

The Hirer is required to place cash deposit as guarantee for due compliance of the Hirer's duty as stated herein and the proper use of the Vehicle for the entire duration of the hired period, the Deposit will be reimbursed if no damage is caused to the Vehicle and no breach of the terms to be observed by the Hirer.

3No refund for unused services

No refunds will be made for the unused Rental. For cancellation of booking, payment made shall be forfeited.

4Return of Vehicle

At the expiration or termination of the hired period, the Hirer shall remove at his own cost all accessories (if any) affixed by the Hirer and it shall deliver the Vehicle to the Owner at such address as stated in the contract, in good order, repair and condition (with fair wear and tear resulting from the proper use thereof expected) failing which the Hirer shall be liable to reimburse the Owner on demand for all costs of restoring the Vehicle to such good order and condition.

5Emergency Service

In any emergency situation such as breakdown, the hirer must contact the Owner/MyRaido at the emergency line provided.

6Damage, Loss and Missing Components

Lessee agrees to pay for any damage or loss of the equipment, regardless of cause, and keep the equipment, tools, and accessories in good repair and operating condition at all times. Equipment returned from Lessee inoperative, damaged or with missing components will be refurbished to original working order by Lessor at Lessee's expense. Lessee shall be notified of refurbishing and missing component costs, including parts and labor, prior to the repairs. All equipment which cannot be returned to Lessor due to nuclear contamination or other causes will be invoiced to Lessee at its current published list price.

7No Liability

MyRaido is not responsible for loss or damage to any property left, stored, loaded or transported by the Hirer.